SUPREME COURT.

Star (Christchurch), Issue 7505, 12 September 1902, Page 3

SUPREME COURT.

• • . +-. IN CHAMBERS. (Before His Honor Mr Justice Denniston.) Fbiday, Sept. 12. hall v. hall and brewer. His Honor gave judgment in the application of Hall, ai husband who had obtained divorce from his wife, to cancel a deed of separation! made between the parties during the marriage, of which there had been three children, two of whom are alive — on© aged nine/ the oth«r six. Under the deed, the petitioner agreed to pay respondent £65 a year for maintenance of herself and children, and covenanted to secure payment by a mortgage over his business premises, Christchurch Turkish Baths, whibh he sVore were worth £1300, and that he had no other property. He said he was now compelled to employ a housekeeper, at £26 a year, with board, and lodging for her two infant children, but he had to pay this also during the separation. The wife brought no property into the settlement, and had now no means whatever. She was a domestic servant 'before marriage, and was now undeA forty. She was nine years a wife, and, during that time, she not only discharged her domestic duties, but acted as attendant to the ladies' patronising the 'baths, and must therefore have had * «ome share in getting together the property the petitioner was now possessed of. His Honor made an order that the petitioner should be at liberty to retain- out of the £65 covenanted, to be paid the sum of £39, and; that in future he pay only 10s weekly to the respondent. On giving security for the payment of this sum to the satisfaction of the Registrar, he would be relieved from the covenant to mortgage ■ his property, and would have to pay under ! the deed at the rate of £50 a year from May 24 to the date when his Honor ordered that he should have the custody of the children. The plaintiff gave notice of appeal. KNIGHT V. MATSON. His Honor gave judgment in the case pf Knight v. Matson, in which J. T. Knight, a farmer, on the Peninsula, sued the firm of Matson and Co., auctioneers, for the proceeds of the sale of certain cattle placed in their hands for sale by on© Gallagher, who, as alleged by plaintiff, was acting simply as his drover, but had, in one instance, being empowered to sell plaintiff's cattle to any . buyer who would give a satisfactory pricedFailing this, he was to take' the cattle to Messrs Mateon and Co. , and instruct the firm to sell them in Gallagher's name, but to account to Knight, the reason for this being that the latter was afraid his stock 'would be boycotted at auction by the dealers. This was done, and Gallagher received the cheque and accounted to Knight. In subsequent transactions, 'however, • Gallagher simply tookHhe stock to Matson, and being a man carrying on extensive dealing operation^ on the peninsula, aod elsewhere, Messrs Matson took it for granted, in the absence of any statement from Gallagher, that the cattle were to be sold' for Knight, that they were to be sold for Gallagher himself, and they were so sold, and the pro- 1 ceeds credited) to him in the books of tine firm, to whom he owed a cdnsidera/ble amount of money. Messrs Matson wers financing Gallagher, and the accounts of his transactions were in Court, showing that a balance of £59 15s 8d was owing by Mateoni to Gallagher. His Honor found tlhe defendants were not entitled to claim-, and' had not claimed to set off anything but the advances they had made to Gallagher, and for the balance of £59 15s Bd. His Honor gave judgment, with costs as per scale, disdisbursemeots and witnesses' expenses, for plaintiff. Mr Joynt appeared for the plaintiff and Mr Russell for the defendants. Re William Arthur Gray, a lunatic. His Honor gave judgment for the amount claimed by the Public Trust*©, witto. costs £5 5s and; disbursements, tihe committee's costs to be paid out of the estate. His Honor eaid that the general control over the committee exercised by the Court was not removed by the Act of 1900, and the position waa better tinder the Act of 1882, insomuch that the commission al--Jowed was such amount not exceeding 5 per cent, instead of a fixed 5 per cent. PROBATE. Probate was granted in the estate of Mary Ann Wright, deceased (Mr Slater), and in the estate of Euphemia Clifford, deceased (Mr Dougall). Letters of administration were granted in the estate of Jane H. Morrow; deceased (Mr Joynt), and an order as prayed was made^ on the motion of Mr Dougall, re O. A. Robbins, deceased, to consider report. , Re Little and another v. Palairet and another, originating, summons, the matter was moved dnto banco. t Re Companies Act and re Craig s Freehold GoMmiiiiag Company, the hearing of the petition was fixed for Tuesday, Sept. 23. -